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U VOLUME 59 CARSON CITY, NEVADA, MONDAY, JANUARY 30, 1922 NUMBER 24 mm DISPOSAL STATE BANK CASE ASKS QUICK milOS PRESENT PICKrORD ARGUMENT DIVORCE ACTION ATTORNEY - GENERAL FOWLER AND DEPUTY ROBERT RICHARDS SEEK TO HAVE DIVORCE SET ASIDE McNAB AND McCARRAN ARGUE AGAINST INTRUSION BY ATTORNEY-GENERAL With all the An early disposition of the affairs of the receivership of the State Dank and Trust Company and the closing of that receivership is the aim ot judge r. r . I courtroom filled and standine room at Langan in the local district court, the a premium, attorneys for the state and j judge announced today. He expressed for Mary Pickford presented their ar- a wish that the attorney in the matter guments today to the Nevada supreme I would meet and reach an agreement as court on the validity and justice of the to how the assets of the receivership action of Judge F. P. Langan in should become the property of the de- quashing his order for publication of positors of the defunct bank. summons in the suit instituted by At- The judge's statement has brought torney-Gcneral L. B. Fowler to have receivership. One is to dispose of the the Pickford divorce decree set aside, two suggestions for the closing of the Deputy Attorney - General Robert buildings at Tonopah and in this city Richards opened for the state and was and other assets and to divide the followed in turn by Attorney Gavin money return among the depositors. McXab of San Francisco and Attor- Another is the organization of a ney P. A. McCarran of Reno for the corporation under a special law now motion picture actress. Attorney-Gen-onthe statute books and to give each eral Fowler closed for the state, depositor his proportionate shares of Homer Mooney, special deputy to Fow stock. ler, in the Pickford case, was present Offers of $41,000 for the Tonopah but did not address the court, building and $20,000 for the building The attorneys were frequently inter in this city have been made to the re- rupted in their arguments of Chief Jus ceiver and court, it is reported, but in tice Sanders for an explanation of their the absence of an agreement among the remarks or for an ironing out of dif " attorneys or depositors no action could ferences of opinion on points of law. le taken. At the beginning of argument Dcpu- 0JJ ty Attorney-General Richards sugges- SCHOOLS MAY BREAK ted that a ru, of the court permitting AS RESULT OF GAME an nol,r for argument by each side be extended to two hours. To this Mc Carran answered that he believed his A break in the athletic relations be-1 side cuuld present its argument in an tween Carson and Yerington high hour and Judge Sanders placed the schools is threatened as a result of an limit at one hour. This was later ex unsatisfactory termination of a basket J tended to the two-hour period at Rich- ball game at Yerington Saturday night, lard's request. . the game having been awarded to the I Richards Opens Lyon county players by the coacn, I Richards in opening the argument grammar school principal, after ending I addressed the court as follows: in a general melee. "In the world of reality the respon- j Coach Jones of the Carson high dent defied the law and now defies school team stated today that unless it. Never a resident of Nevada, never the decesion of the Yerington referee submitting to its laws, she now pleads is set aside and the game considered the completeness of the imposition she tinfinishd he will refuse to have teams perpetrated on one agent of the law, of which he is to coach again compete as a bar to further question by the law with the Yerington players. itself. But in that same world of real- The Carson players, who returned ity the law is here to demand that a yesterday, explained that Carson was pretended decree based on a pretended ahead by thirteen to six at the end of residence and a pretended jurisdiction the first half of play, but because of shall henceforth have no place save in the calling of fouls on the local play- the realm of pretense that illusory ers the Lyon county players were abe theatre in which the eye is tricked, the to run the score to sixteen to fifteen mind confused, and the soul destroyed, with one more minute of play before "The state is here to prevent the in the end of the game. scribing of this procedure on the re- Schulzz of Carson had been banished spectable and reliable records of a on account of five fouls having been j court of justice, under the guise of Ins talled against him, and when a ballltory. out of bounds reached him on the side If the respondent was not and is not lines he threw it to the referee, who a resident of this state, she is neverthe made not attempt to catch it and let less not beyond the power of the state, it hit him in the face. Were she utterly beyond the reach of The refree struck Schulz and Coach the law, the law is here and the courts Jones, who was standing nearby, struck and their records are here to serve and the referee. General fighting ensued obey the dictates of truth and justice, and after the smoke of battle had been "If the state has no power to pre clearcd away the game was declared scribe and truly administer divorce forfeited to the Yerington five by a laws then in this state there is no such score of two to nothing. thing as an authentic and valid judg- The school students and players held ment of divorce. If the state's law no animosity after the game it is said, means nothing, respondent's decree and it is probable that because of this means less than nothing. If the state's a break in the athletic relations will law is vital and respectable, respon not occur. Yerington is not an the dent's decree is void. Carson basket ball schedule tor an- lhe divorce is not in question at other game this year. I this time but only the state's right to be heard to question it. The state made the law, without which there could be ho divorce litigation in Ne vada, lhe state made the courts, without which there could be no forum The state made the office of attorney general, without which its voice could not be heard here. All these things at the request of the respondent are to be wiped out to be judicially wiped out and yet she has the temerity to say in the face of such a proposed obliteration that the state is not threatened, not con cerned, not interested. But assuming everything except the attorney-general's function, re spondent admits no other power o: function, respondent admits no. other power or function exists, and denies that "In substance respondent says: ' ad mit that I have secured a pretended de cree from men who had the power to give it and by virtue of no existing law but I have it and it is nobody's bust ness and what are you going to do about it. "This is the substance of respon dent's position It is monstrous. She NEVADA, YOU'RE WRONG Taxi Service Phone 467 Open Day and Night. Taxi Service at All Hours. Agents for Goodrich Tires. Expert Repairing, All Work Guaran teed. Used Cars Bought, Sold and Exchanged. GASOLINE, OILS AND AUTO SUPPLIES TAXI GARAGE One Block South of Capitol WM. MULDOON and LESLIE HESSE Proprietors seats in the supreme J defied the dignity of the law in the trial court ; she defies the dignity and authority of the law in the highest tri bunal of the state. She defies law it self like the anarchists 'There is no law,' she says, 'that I am bound to obev.' Can this respondent close this book of record and sav there is no power to open it even on the motion of the court thus advised of her contemptuous conduct? Can this respondent who called on the law, refuse to hear the answer, and sav there is no law? These are the questions now before the court." McNab in Short Talk Those who attended the court expect ins to hear a long and heated argument on the part of Gavin McNab were dis appointed, as he confined himself strict lv to the law of the case and closed his argument under thirty minutes. He contended that the attorney-gen eral was a stranger to the case, the third party, who was not interested and had gone out of his jurisdiction in his intrusions. He further argued that this was matter between the respondent and the lower court, and that when Judge Lan ea:i ruled on the issue that it was ended as far as law was concerned The record, he contends, is the best evidence that it is a matter between the lower court and the parties who brought the original action and that there was neither law nor precedent allowing the injection of the third party, the state of Nevada, into the action. That the quashing of the sum mons by the lower court was in accord with the testimony and also strictly within the law. McCarran Moves to Dismiss Judge McCarran, who followed At torney McNab, first reveiwed the case, contending that it was the prominence of the parties that had brought up the issue and not the law. He was here interrupted by Chief Justice Sanders, who took the other view of the mat ter. McCarran then went through the re view of the case up to the quashing of the summons by Judge Langan, citing that all of the movements had been carried on with the attorney-general endeavoring to interlope; that at no time was the state the interested party, and that the injection of the third party was without precedent and contrary to the law and court procedure. There is no occasion for a third party intrusion in his contention, and therefore, the attorney-general has no cause of action or stand in the court He then attacked the record first stating that it is a truant paper, hav ing no place in court, and second that jt was mot filed within the specfic time. He stated that the bill of exceptions should have been filed on the 26th day of September but it was the 29th day of September when the amendments were on file, contrary to the ruling of the court. He further argued that if perjury had been committed that it was a matter of settlement with the lower court and not the supreme court, and cited an opinion by Chiet Justice Day ol the United States supreme court, where he rules that the state being a third party that a case could not be reversed even though perjury had been committed, He contended further that the state of California had ruled against the precedent sought to be established by the attorney-general, and that law and rulings of many cases sustained the argument that the state was a strang er to the action. In conclusion he made a motion to dismiss the appeal, first, on the ground that the record was a truant document, and second, that the amendment to the bill of exceptions had not been filed within the specified time as established by the supreme court. In fact he asked an impeachment of the record as it was filed by the attorney-general. Fowler Closes At 3 o'clock attorney-general Fowler t rt vs . ve - . 'i 4iP V f '7 p m Ml 4 ,v. ,1 I 01 GAVIN Mc NAB Associate counsel with Attorney P. A. McCarran in the Pickford divorce case, pointing an accusing finger at the state of Nevada for having wronged the motion picture queen... McNab pre sented argument in the case before the state supreme court today. r AT LEAST 1000 MEN WORKING ON COMSTOCK At least 1000 men are at work in the anous mining properties in and near Virginia City, according to recent visi tors from that place. The United Comstock Mines Com pany in Gold Hill alone is employing 580 men, Judge 1 P. Langan stated today and sixty men are employed in the Chollar and an additional fortv - n the new work at the Hale and Nor- cross. Y ith the -North Lnd mines em ploying a couple of hundred and smaller properties having from two to ten men, the total can easily be placed at the thousand mark. LYON GRAND JURY TO SIFT BOOZE RUMORS Upon the solicitation of a number of residents and committees representing organizations of Yerington for an in vestigation of the illicit sale of liquor and upon a recommendation from Dis trict Attorney Clark J. Guild, Judge Hart has issued an order calling for a session of the grand jury, the first to be held in Lyon county for the past four years, the Mason Valley News says. In his order, Judge Hart calls for J the grand jury to convene on February 1 22. 115,000 FOR V, ON HIGHWAY TO THE As a result of the visit of State Highway Engineer George Borden to Chicago and Detroit the past two week, $15,000 may be spent by the Lin coln Highway Association on the Os termann grade and the federal bureau will probably consent to the building of roads wider than those required under the bureau's present rules, Bor den announced today. The Lincoln Highway Association officials were consulted at Detroit and were found to agree to spend a $15,000 balance from the $120,000 fund appro priated for this state on the highway leading from this city to Glenbrook. The details of this expenditure will be worked out within a short time. Chief McDonald of the bureau of public roads was met by Borden at Chicago and expressed himself as agreeable to recommendations of his engineers in the West should they de cide that a roadbed twenty-four feet in width and surfacing of twelve feet will be sufficient in this state. He also said he would agree, should his engi neers recommend that a twenty-one-foot roadbed and twelve-foot surface would do on secondary routes. The present requirement for both routes is a twenty-four-foot roadbed and eighteen-foot surface. Contracts will be advertised for on highway projects within the state as soon as the weather clears a little, Borden said this morning. "THE SHEIK" COMC TO THE CM jbtoV fa ssi,. xvi.- J Atr i 3 4 ic: , -- aru y- HYMAN COHN DIES IN SAN FRANCISCO Hyman Cohn, for many years one of the well known Carsonites, passed away at the home of his sister. Mrs. Mark Cohen, in San Francisco, at 9:40 o'clock last evening. Abe Cohn, of this city, was with his brother at the time of his death. For a number of years Hyman Cohn has been in failing health and sought a lower altitude in hope of betterment. For some time it has been known that he could not survive. For many years he was associated with George Bryson in business in this city, later removing to Reno and then returning to this city, where he was always surrounded by a legion of friends. Through his honesty and veracity he retained the friendship of his circle of friends to the last. The deceased was born in Virginia City sixty years ago on the 20th day of January. Practically all of his life was spent in western Nevada. He leaves two brothers, Abe of Car son and Samuel Cohn of San Francis co, and one sister, Mrs. Mark Cohen, of San Francisco. It is supposed that the funeral will be held in San Francisco. DC Agnes Ayrss a n& Rudolph Valentino in a scene frcm the Paramount Picture 3 'tie Sheik.9, a Geoptfs Melted Production. Grand Theater SUNDAY AND MONDAY January 29 and 30 (Continued on last page) Always a careful picture producer, George Melford has invested his lat est Paramount picture production of "The Sheik" with all the colorful at mosphere which makes it a brilliant offering in every sense of the word. It was susceptible of such treatment, the scenes being laid largely in the Sa haran desert and in such picturesque places as Biskra, on the African littoral one of the quaintest and strangest cities in the world. It is the Paris of the Orient. There the dancing girls i first lieutenant and faithful aide. Ruth and the odorous coffee houses, the beau-'Miller, famous dances and actress, is tiful Ouled-Nail women, with their J a slave girl ; Walter Long, the heaviest gilded casques of sequins ; the thrum- j of them all, is the grizzly old Arabian r .i a i .u. j.. i mini; ui mc qucci ui urns anu me ruru sounds of pipes, all mingle in the com posite of energy and lethargy which is portrayed by a fine cast of players. In the cast of "The Sheik" there are several players of reputation. Sup porting Agnes Ayres and Rudolph Val entino, the featured players, are Adolph Mcnjou, who played a heavy role in "The Faith Healer," who is seen as the French novelist in this production. Lucien Littelfield, famous character and make-up artist, is Gaston, valet to '.he Sheik. George Waggner does a work of art as Youssef, the Shiek's Wallace Reid in "The Lore SpeclaL" A Paramount picture. All aboard for a trip through the West and the land of romance. Skirting through the craiga of the towering Sierras, plung ing through anow tecens the most ma jestic ever screened ending in a wild night ride through a blitzard, and let ting you oS all happy and gasping for breath. Agnes Ayres, Theodore Rob erts, and Julia Faye are in the caat "Dynamite," a two-reel comedy, and Kinograms. 10c and 30c. TUESDAY AND WEDNESDAY January 31 and February 1 Biskra. The characters of the stTy are finely drawn and are splendidly bandit, and F. R. Butler is the English griTs brother. , - This picture will appear at the Grand theatre Thursday and Friday. Trices are 25 and 55 cents. H. B. Warner in "Felix O'Day." A drama of a man who, with trust be trayed and wife dishonored, seeks a just revenge, corners his man, but whose hands are kept unstained by a law of destiny. Aesop's Fables, Hal Roach Comedy, Pathe Review. 10c and 30c. COMING February 2 and 3 "T H E SHEIK"